Statement by the Privacy Commissioner welcoming the Federal Court of Appeal’s decision on Facebook

GATINEAU, QC, September 9, 2024 – The Privacy Commissioner of Canada, Philippe Dufresne, issued the following statement on today’s unanimous decision by the Federal Court of Appeal that Facebook’s practices between 2013 and 2015 breached Canada’s federal private-sector privacy law (the Personal Information Protection and Electronic Documents Act (PIPEDA)):

“This landmark ruling is an acknowledgement that international data giants, whose business models rely on users’ data, must respect Canadian privacy law and protect individuals’ fundamental right to privacy.

Facebook operates the world’s largest social media network and collects a vast amount of personal information and data about its users. The issues at the heart of this matter are critically important to Canadians and their ability to participate with trust in our digital society.

As my Office had done in its 2019 investigation of Facebook, the Federal Court of Appeal concluded in its decision that the social media platform had breached the requirement to obtain meaningful consent from users and had failed to appropriately safeguard users’ personal information.

The Court has asked Facebook and my Office to report back within 90 days on whether an agreement on the terms of a remedial order has been reached. I expect Facebook to now bring forward proposals on how it will ensure that it complies with the Court’s decision.

In this increasingly digital world, the Court’s decision reminds us that Canadians have access to important protections and remedies to protect their fundamental right to privacy. My Office and I remain committed to ensuring that Canadians can be active digital citizens without compromising their privacy.”

Related links

Federal Court of Appeal decision: Privacy Commissioner of Canada v. Facebook Inc 2024 FCA 140 (English only)

News release: Facebook refuses to address serious privacy deficiencies despite public apologies for “breach of trust”

Report of findings: Joint investigation of Facebook, Inc. by the Privacy Commissioner of Canada and the Information and Privacy Commissioner for British Columbia